The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the Age Discrimination in Employment Act by providing rules governing the validity of an employee’s waiver of claims which could be brought under the ADEA.

In Oubre v. Entergy Operations, Inc., 522 U.S. 422 (1998), the U.S. Supreme Court held that an employee who signed a release which did not comply with the requirements of the OWBPA could bring a claim of age discrimination even if he or she did not tender back the consideration received for waiving his or her claim.

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